Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 4015-2021
PERNOD RICARD INDIA PRIVATELIMITED Vs. GLOW INFOCOM
PRIVATELIMITED
03.12.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Ms. Shipra Chaudhary, Ld. counsel for the complainant.
Sh. Amit Sood, Ld. counsel for the accused no.2 and 4 along with accused
no.2 and 4.
Sh. Harshil Gupta, Ld. counsel for the accused no.3 along with accused no.3
and surety.
Ld. counsel for the accused no.2 and 4 submits that he is not anymore
appearing for accused no.1 as the accused no.1 company has been struck off from the
Registrar of Companies and the company is not in existence as on date.
Arguments also heard on the application for discharge on behalf of accused
no.3.
Vide a separate order of the evan date, the application is dismissed.
Ms. Tina Khilwani has stood as surety for the accused no.3. Surety documents
are already placed on record.
Matter is listed for framing of notice u/s 251 Cr.PC and further proceedings.
Notice u/s 251 Cr.PC has been framed against the accused no.2, 3 and 4 to
which they pleaded not guilty and claimed trial. While framing of notice u/s 251 Cr.PC the
court shared its screen via Cisco Webex and showed the cheque in dispute and other
documents to the accused.
Ld. counsel for the accused no.2, 3 and 4 submits that they wish to move an
application u/s 145(2) of the NI Act by the next date of hearing. Ld. counsel for the
complainant submits that he has no objection if the oral application is allowed. In view of
the submission, the oral application u/s 145(2) NI Act is allowed. This court does not deem
it appropriate to try the case summarily since the sentence for imprisonment exceeding one
year may have to be passed, if the trial results in conviction, therefore, this case would be
tried as summons trial case.
The broad guidelines for the recording of evidence through the virtual mode
have been worked out and shall be shared with both the parties within one week from today.
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Both sides in the present case have given their consent today for one IT Official/ Expert
from the Computer Branch to remain present during the recording of evidence on the next
date of hearing for technical assistance. As per the arrangement made between the Digital
courts at Patiala House Court, this Court has been allotted Wednesday and Thursday of
every week to use the Video Conferencing Room at Patiala House Court Complex (the
designated place as per the approval of Ld. Principal District and Sessions Judge, New
Delhi District for recording of evidence in Digital Courts at Patiala House Courts).
Court notice be also issued to the accused no.1 company to appear on the
NDOH through AR, failing which matter shall be proceeded in accordance with
Section 305 CrPC.
Ld. counsel for the complainant is directed to collect dasti notice and provide
service proof on the NDOH.
The matter be now fixed for 24.05.2023 at 2.00 p.m. for appearance of AR for
accused no.1 and recording of evidence. Parties in person with Counsels are directed to
appear at the venue at least half an hour prior to the time indicated. The Complainant will be
cross examined on the date fixed.
PA is directed to do updation of the case and upload the order as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/03.12.2022
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